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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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I passed my test earlier this year and got a job where I travel

Customer Question

I passed my test earlier this year and got a job where I travel by car to care homes to do exercise and well being classes for the elderly. I did'nt have a car so my girlfriend said I could used hers so added me to her insurance.
In May this year I was driving home when a police man pulled me over, he said the car was registered as not insured.
It turned out my Girlfriend had added me to the insurance but had had a phone call to send more details which she had put aside to do that week but forgot to so the insurance was cancelled without us knowing and withoout me knowing anything about it at all.
I received a summons to say it was going to a Magistrates court so I sent a letter explaining the circumstances. They gave me a fine for £450 and have put 6 points on my licence. Which means my licence has been cancelled as I have been driving for less than two years and I have to resit both theory and practical tests again. I have had to give my notice in as my job covers Care homes across the West Midlands so I need to drive, I have managed to get an interview for a new job but they require a driving licence. I now have no wages to pay the fine either. Is it worth appealling and if so what sort of costs would incurr, also if I did appeal can I drive with my licence while the appeal is in process? thanks ,, Tom Babington
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is not particularly good news.
You could appeal. You don't have a positive defence but you do have an automatic right of appeal. If you do appeal you could argue that there are special reasons not to endorse your licence with points. That can sometimes succeed but only really where you can satisfy the Bench that there was no way at all that you could have known that you were uninsured.
The risk that is you will lose and have to pay costs which would probably be a further £300 ish.
Quite frankly, it would take longer to appeal than it would to resit and probably cost as much and doesn't have a guarantee of success as resiting would.
I'm very sorry but that is your position and I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.

OK, thanks for your advice,

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.